How honest should you be?

marc-h_2

When you are selling your house how honest are most people with potential buyers? Obviously you don't lie if they ask you a question (although I bet some people do), but is it your responsibility to tell them about every little fault, that might not be visually obvious, if they don't directly ask? Some things will be covered by the questionnaire style form you have to fill in when the move is progressing but not everything.

tabskitten

I am really lucky- my house is a new build and all gaurenteed for 10 years and I can HONESTLY say that there are no glitches- i love everything about it - even the neighbours are quiet......

so no dilemma for me- apart from actually having to part with it when we sell!!

NoAngel

Depends what you're trying to keep quiet. If they're small things, maybe cosmetic issues I wouldn't mention. If it were something major then I would feel obliged to be honest. I think you have to be honest about whether there are any disputed with neighbours for example. But minor things that the new owner could easily fix I wouldn't mention unless asked directly.

We're hoping to sell soon and are aware that ideally a new boiler should be installed. However the one that's there works ok, hot water and heating are fine, but there are a few issues. Unless I'm asked directly I won't be mentioning these. Maybe thats wrong...

maninthestreet

A vendor is under no legal obligation to volunteer information about their property. It's the responsibility of the buyer to ask the right questions of the vendor (who must give an honest answer). 'Caveat Emptor' applies.

marc-h_2

Our house has an original slate roof that in extreme weather can leak a little bit. A few drips come through in one place. We may have got is sorted by the time we come to sell and it isn't a hugely expensive job to fix. I'm not sure if I should be routinely telling prospective buyers about it or wait until it is or isn't mentioned on a survey. We weren't told about it when we bought the house. The fact we haven't got is sorted in the few years we have lived here probably indicates it isn't that much of an issue.

seabright

Basically, never, ever lie or embelish or leave out information if you are asked a question.

If you are not asked, you do not have to volunteer information.

Don't forget that all the information you provide when sellin gyour house, the fixtures and fittings list, the property information forms and the replies to pre-contract enquiries all form part of the contract. If you have lied or mislead in any of your replies to questions asked, you are in breach of contract and the buyer can sue you if he/she incurs expenses or makes losses based on the false/incomplete or misleading information which you gave.

So, if you're asked, 'fess up. Earn some brownie points!

VickyA_2

Hmm, well we loved a house but didn't put in an offer because of the vendor being too honest.... he mentioned that people were loving the house, but they were all put off by the powerlines being so close (just at the rear of the garden). Now, it wouldn't bother us but we weren't seeing it as our long term base and we didn't want to spend 2 years trying to sell the house. Needless to say, it's still on the market (2.5yrs after it was initially put on the market...).

wessexw

What about if the vendor lies about the neighbours, I'm looking for a garden flat at the moment and my worst nightmare would be to have the people upstairs bouncing around making a racket all the time. I'd ask the vendor if they were quiet but if he said that they were quiet and that turned out to be a lie - I think that would be something that would be harder to come back on? It's not something you can prove like something structural, and noise is relative, what one person can tolerate in terms of noise, another person might have a problem with?

G_M

Isn't there a question on the Standard Enquiries form these days along the lines of

"Are there any adverse factors about which the purchaser should be informed?" A sort of catch-all question?

Perhaps a solicitor here could confirm/deny/exemplify?

RX-78

Doesn't the answers depend on the vendor's perception?

"Any adverse factors?" - the vendor may answer no and (genuinely believe) being on busy & noisy bus route is an advantage as it provides convenient public transport. Same for neighbours, surroundings, local amenities, sunlight etc tec.

I think if you dont ask a direct question, you wont get an answer you need - e.g. if you ask "Is the traffic noisy?" - you are asking for his opinion and he may say whatever he likes as its not a factual question. It is more difficult to prove his opinion is wrong (as he can claim in his opinion he doesn't consider the noise to be problem and his definition of "noise" may be different from yours). If you ask "can you hear any traffic sound in the house and if so, when?" - than you are asking for a more factual answer, and it difficult for the vender to bend the truth.

Fire_Fox

wessexw wrote: »

What about if the vendor lies about the neighbours, I'm looking for a garden flat at the moment and my worst nightmare would be to have the people upstairs bouncing around making a racket all the time. I'd ask the vendor if they were quiet but if he said that they were quiet and that turned out to be a lie - I think that would be something that would be harder to come back on? It's not something you can prove like something structural, and noise is relative, what one person can tolerate in terms of noise, another person might have a problem with?

If you purchase a modern conversion or new build flat the sound proofing regulations are very strict. If it is older I would visit the property at different times of day to hear the neighbours for myself, maybe even ask if someone could go upstairs and jump around if they were friendly with the neighbours (always a good sign)! If you then still have a noisy neighbour once you move in you get Environmental Health involved, after all you cannot plan for who will take occupation a few months or years hence.

RX-78 wrote: »

Doesn't the answers depend on the vendor's perception?

"Any adverse factors?" - the vendor may answer no and (genuinely believe) being on busy & noisy bus route is an advantage as it provides convenient public transport. Same for neighbours, surroundings, local amenities, sunlight etc tec.

I think if you dont ask a direct question, you wont get an answer you need - e.g. if you ask "Is the traffic noisy?" - you are asking for his opinion and he may say whatever he likes as its not a factual question. It is more difficult to prove his opinion is wrong (as he can claim in his opinion he doesn't consider the noise to be problem and his definition of "noise" may be different from yours). If you ask "can you hear any traffic sound in the house and if so, when?" - than you are asking for a more factual answer, and it difficult for the vender to bend the truth.

Agree completely. I live on a main bus route (slap bang in the city centre!) which is noisy in the day if you have the double glazed windows open, but very very quiet at night which is key as I have insomnia. I love having bus stops and shops literally on my doorstep, I can get anywhere in the city very quickly or nip out to pick up a birthday card at 5.20pm. I wouldn't ever lie to a buyer but I would definitely put some spin on the situation given the opportunity! I would be happy for a potential buyer to visit at rush hour or late evening to hear for themselves as I have nothing to hide.